Sing

Defendant was convicted of the crime of grand larceny. He appeals from the judgment of conviction and from an order denying his motion for a new trial.

The information was filed in, and the action tried by, the superior court of Los Angeles County. It is charged in the information that defendant and one St. Clair, “on or about the first day of September, 1918, at and in the county of Los Angeles, . . . did . . . feloniously steal, take, and haul away 252 sacks óf sweet potatoes, . . . the personal property of N. Namekawa, Y. Takahaihi, and K. Yasunaga. ”

Briefly, the evidence discloses the following facts: The three persons whose property defendant is alleged to have stolen are Japanese. These three Japanese were partners, farming on a ranch near Anaheim, in Orange County. On August 31, 1918, defendant, who is a Chinaman, and St. Clair went to the ranch of the Japanese, introduced themselves, and told one of the Japanese that they wanted to buy some sweet potatoes, for which they would pay $3.50 a hundred pounds. The Japanese told them he would sell them the potatoes if they would pay cash, and asked them if they were ready to pay the cash that day, telling them it would take…